Terms & Conditions

The following terms and conditions are valid upon payment of your non-refundable booking deposit and acceptance to Amanda Downie Creative (ABN 16 204 369 010).

Photographer’s Responsibilities. Amanda Downie Creative (Amanda Downie) hereby agrees to perform photographic services for the Client at the Event specified above in a professional, workman-like manner according to the prevailing standards in the industry. Photographers may employ one or more assistants.

The photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by the client because of the photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.

If the Photographer is exposed to (i) unsafe conditions or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by the Client because of such action.

Retainer/Payment. A non-refundable retainer (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11).

Remaining payments of the balance due for the Services will be 1 week before the event. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.

Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (e.g. wall hangings at home, Facebook, blogs). Still, any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. The photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.

Term. The term of this Agreement shall commence upon the execution of this Agreement. It shall terminate upon the Photographer’s delivery of the final images via the digital gallery and the package inclusions.

The booking fee paid to secure the date is non-refundable if the wedding is cancelled for any reason. If the wedding is rescheduled for another date, the photographer will attempt to accommodate coverage if not already booked. Any overtime fees approved verbally by the client during the event are due upon completion of the event.

Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date and make no other reservations for that date. If the Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by the Client.

Delivery Date. The client's online gallery will be delivered no later than 8 weeks after the event.

Price Protection. Photographer warrants all prices quoted for Event images are valid for 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the order’s placement.

Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.

Force Majeure. Suppose the Photographer cannot attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control. In that case, Photographer shall return all money paid by the Client (including any retainer), and this Agreement shall immediately terminate.

Jurisdiction. The state and federal courts serving New South Wales, Australia, shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.

Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitor’s fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.

Assignment. This Agreement may not be assigned.

Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue and to hold Photographer harmless for the impact such restrictions may have on the final product.

Limitation of liability. Photographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this agreement is limited to the fees paid by the client for the services. In no event shall the photographer be liable for special, incidental, consequential, or punitive damages, even if the client informs the photographer of circumstances that would give rise to such damages.

Event Meals. Client shall arrange with the caterer for meals to be provided to Photographer if at the event during meal time.

Choice of Law. This Agreement shall be governed by the laws of the State of New South Wales, notwithstanding its conflicts of laws provisions.

Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images recorded at the Event until the Digital images are delivered to Client. Once the Album has been delivered, the Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.