These terms and conditions related to the engagement of Garden Imagery for your garden photography project. Together with a quote, these constitute a contract between Garden Imagery and the client.
Where possible all photographic jobs carried out by Garden Imagery will be quoted prior to commencement of any photography jobs. The quote is based on information provided by the client.
Client acceptance of the quote is required by email or mail prior to the commencement of the photography job.
Proposal - The fee in the proposal is Garden Imagery’s best estimate given the information provided by the client. Proposals are valid for 30 days from date of delivery. If additional information is provided and this changes the project brief or the scheduling changes for any reason (e.g. access to site unavailable, or weather may impede), the proposal may change. Once written notification of acceptance of the proposal is received electronically, you will be contacted about the commencement of the project.
Project Revisions, Alterations & Modifications - New work requested by the client and performed by Garden Imagery after a proposal has been accepted is considered a revision, alteration or modification and may incur further invoicing on an additional estimated time and costs basis.
Project Schedule - A project schedule will be established and adhered to by both the client and Garden Imagery. Where the client does not adhere to a project schedule, final delivery dates will be adjusted accordingly.
Specifications for image formats and file sizes - All images are processed individually. The images are supplied as full size jpegs. A set of low resolution jpegs is also included for easy viewing and web use. The client should advise if they have a requirement for images to be supplied in a different format prior to commencement of the photography job. The files provided can be read by both PC and MAC systems. High resolution digital images are supplied @300dpi suitable for printing.
Delivery of images/prints - Processed images are usually ready for delivery within 72 business hours after completion of the photography job. A surcharge may apply to urgent delivery requests. Low resolution proofs are made available for viewing via Dropbox for a limited period of time. The client will be provided with a special link for this purpose. At this time an invoice will be sent to the client for full payment. Full resolution images will be made available for delivery after payment is received. Payment is required within 7 days of invoice being sent.
Licencing and copyright details - Copyright of images created by Garden Imagery will remain the property of Garden Imagery. Images supplied to the client are licenced for the client’s use based on the client’s requirements. Upon receipt of full payment the client will be licensed to use the images as they wish. By accepting these terms and conditions and the relevant quote, the client agrees that Garden Imagery shall not be liable for any legal action or damages arising from the use of the images provided to the client. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties needs to be negotiated with Garden Imagery on the condition:
the license will begin operating from the date of payment of fees in full;
the client indemnifies Garden Imagery, and will keep Garden Imagery indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this license, or any claim by any third party in relation to the client’s use of the final images;
the client must not use the final images so as to derogate or harm or adversely reflect on Garden Imagery’s reputation; and
the client must not represent that Garden Imagery has approved or endorsed the client, or their products or services in connection with the final images without the consent of Garden Imagery.
Client Approval - If possible it is good to ensure that an authorised representative is present during the photography shoot for the client. However, if no authorised representative is available, the Photographer’s interpretation shall be accepted.
Cancellation & Postponements - Should the client advise Garden Imagery can start work but then subsequently decides not to proceed, for any reason, Garden Imagery will invoice on a time and costs basis any expenses incurred up to the time of the cancellation notice. Should the job be postponed due to inclement weather the job will be deferred till the next suitable and available day. The Photographer will charge 100% of their fees, charges, and expenses on any reshoot requested by the Client.
Termination - Either party may terminate a project by written notice. Garden Imagery will invoice only the amount of time and costs incurred up to the time of the termination notice.
Right to Credit - The Photographer’s name may be exhibited in reasonable proximity to published reproductions of the Photographs if the client wishes.
Payment Terms and Methods - All new clients – COD Established clients – 7 days from invoice date Deposits – A 50% deposit is required on projects over $5,000.00 Payment methods – Payment can be made by cash, cheque, EFT, and credit card.
Insurance - Garden Imagery presently holds a public liability insurance policy for $5,000,000. If this amount is insufficient for your project, a temporary increase can be arranged at an additional charge.