Terms & Conditions
These are the Terms & Conditions for services. Read all of the above to clarify all details about the business.
This document is an agreement between you (the client) and Paulo Vitor de Souza Faloni (ABN 54278655350). Your acceptance of these terms and conditions occurs upon your signing of the Agreement. Please retain a copy for your records. “The Photographer/Videographer” shall mean Paulo Vitor de Souza Faloni. “The clients” shall be those persons who pays for or hire the services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the Photographer/Videographer (professional) in writing. These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at this page.
1. This agreement is governed by the laws of New South Wales, Australia.
2. By accepting these terms and conditions, you acknowledge that you are eighteen years of age or more, or the legal age to form a binding contract within your legal jurisdiction.
3. Package & Product Prices are subject to change.
4. The entire copyright in the Photographs/Videos is retained by the Photographer/Videographer at all times throughout the world unless such conditions are expressly agreed by the Photographer/Videographer in writing.
5. The client(s) hereby allow(s) the Photographer/Videographer to display any Photograph/Videos covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc..
6. We are not responsible for any failure or delay in providing services to you due to any events beyond our reasonable control including but not limited to acts of god or elements of nature
(including fire, flood, earthquake, storm, hurricane or other casualty), war, civil commotion, labour disputes, strikes, government regulation or restriction.
7. In the very unlikely events of cancellation by the Photographer/Videographer or of total photographic/video failure, liability shall be limited to a full refund of any fees paid.
8. The Photographer/Videographer will endeavour to put the client(s) in touch with another Photographer/Videographer in the case they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
9. All care and diligence will be exercised in the performance of the assignment/s and that liability is limited to monies paid only should mechanical failure, theft, accident, or any other mishap occur which prevents the fulfilment of this agreement.
10. It is your responsibility to arrange bookings and payments (if necessary) for locations such as private venues or other places which requires previous bookings or payments.
11. Photographs/Videos taken during the course of the event will be at the discretion of the Photographer/Videographer although every effort will be made to comply with the clients requirements.
12. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/Videographer will do their best to honour the requested Photographs/Videos but do not undertake to guarantee any specific picture/video nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
13. For bookings at certain venues, the Photographer's/Videographer's movements are sometimes restricted. The area from which the photographer is able to cover the event may not be the Photographer's/Videographer's choice and the Photographer/Videographer cannot accept responsibility for any obstructed view should this be the case.
14. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
15. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer/Videographer will not be responsible for photographs/videos that are not produced due to technical failure.
16.Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
17. Your order of any package of Photography/Videography services here-under includes the purchase of the final edited photographic/video images in connection with the Photography/Videography services provided to you for your event in the form of High & Low Resolution JPEG files or High & Low Resolution videos which may take around 1 week (depending on editing requests, may take longer) after the event date. RAW/DNG/MPEG-4 Video files are never released under any circumstances.
18. The selection will reflect the best of artistic and technical aspects as well as telling the story of your day/event. An additional fee of $5 per image will be incurred to changes requested (ie. B&W to Colour). An additional fee of $100 at time per video editing will be incurred to changes requested (any sort of change on the editing).
19. You acknowledge that you are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the Photos/Videos taken may be different from those taken in the past and that the studio will use their expertise and artistic judgement to create images consistent with their vision of the event.
20. You acknowledge that you have retained us as the sole and exclusive professional Photographer/Videographer for your event and that we retain the right to discontinue services, without refund or compensation, should other vendor’s or guests actions or activities interfere or impede our ability to perform such services.
21. Any directions issued to clients, their guests or employees during a Photographic/Video shoot are deemed to be at said persons own risk. The Photographer/Videographer cannot be held responsible for any personal accidents during a Photographic/Video shoot.
22. Photographers/Videographers must be respected at all times and with all communication, including but not limited to, email and telephone communication, in person, prior to your shoot, during your shoot or after and we will not tolerate poor behaviour such as aggression, abuse or rudeness in any form. Every effort will be made by the Photographer/Videographer to resolve any conflicts, however should you refuse to partake in a mutually beneficial resolution, we may refuse to complete your photography/video session including producing and delivering any and all package products, should we deem it necessary without refund or compensation.
23. All final JPG images are retained by us for a maximum of one year. After this date all package inclusions will become null and void. Raw images are not retained by the studio, only final edited JPGs.
24. All images/videos are provided to you with a ‘personal use, royalty free, perpetual licence’. You are free to print your photos and make copies of your images/videos. We require that you acknowledge Paulo Vitor de Souza Faloni as the Photographer/Videographer and request a credit and website link when using images/videos in notices and media (ie. Magazines, Newspapers, Blogs, Websites, Youtube, Vimeo etc).
25. It is a breach of Copyright to give any and all images to others; Including but not limited to vendors, employees and contract Photographers who photographed your event, suppliers, designers, stylists, venues, artists etc. You must refer everyone, bar yourselves back to us for express permission to use watermarked images. Penalties of up to $1000 per image will be charged to you for this breach. Penalties of up to $1000 per image will also be incurred by the party using the images.
26. Paulo Vitor de Souza Faloni owns and retains full Copyright of any and all images taken. Permission is granted by you to use the images as we see fit for all Media, Marketing and Promotion. Including but not limited to Film, Television, Online and Print.
27. A non-refundable booking fee which will be described on the Agreement according to the service's budget will confirm your booking, as well as full acceptance of the terms and conditions as published on this website. The booking fee will be deducted when calculating the final balance due.
28. Payment in full of the remaining balance will be due two weeks before the event day unless there is on another specific date written on the Agreement.
29 . Additional goods ordered must be paid for in full at the time of ordering.
30. Titles to all goods remains with the Photographer/Videographer until paid for in full by the client(s).
31. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
i. Cancellation from the booking date and more than two weeks to go until the event, the booking fee described on the Agreement.
ii. Cancellation with less than two weeks to go until the event date, full price for the complete Photographic/Video coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.