These terms and conditions are for the provision of photography services by Pavlina Matt (Shy Fox Photography), ABN: 61 522 881 980.

Services to be Provided

1. I agree to engage Pavlina Matt (Shy Fox Photography) to take photographs of the following:

2. I understand Pavlina Matt (Shy Fox Photography) will supply me with copies of these photographs in digital form within 14 days of taking them.

3. I understand these photographs will be supplied with basic editing, unless otherwise specified under paragraph 1, and that any further editing required will be charged in line with the fees specified in paragraph 11 of this agreement.

4. I acknowledge Pavlina Matt (Shy Fox Photography) will not be held accountable for not photographing particular images, desired people or products if:

a. I do not assist in identifying people or gathering people or products for photographs;

b. key individuals fail to appear or co-operate during photography sessions; or 

c. such failure arises from my failure to advise Pavlina Matt (Shy Fox Photography) accordingly.

5. I understand that I must obtain model release forms from all individuals I wish to have photographed on or before the day the photographs are taken. I understand that a parent or guardian will be required to sign the release form on behalf of any models under 18 years of age.

6. I understand that I must obtain relevant permits and/or property releases for any locations where photographs are to be taken.

Copyright

7. I understand the copyright, including moral rights, in all photographs taken under this agreement is owned by Pavlina Matt (Shy Fox Photography), where moral rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed (as defined in the Copyright Act 1968 (Cth)).

8. I agree that Pavlina Matt (Shy Fox Photography) may use any image photographed under this agreement for reasonable promotional advertising. I acknowledge that Pavlina Matt (Shy Fox Photography) may only use the image for an alternate purpose with my consent.

9. I understand the photographs provided to me under this agreement are for commercial use. Specifically, any digital or print media used to advertise or promote my business or services it provides.

10. I understand that the photographs recorded in digital form remain the property of Pavlina Matt (Shy Fox Photography) and will be kept by Pavlina Matt (Shy Fox Photography) for a minimum period of five (5) years.

11. I understand that the release and additional use of the photographs recorded in digital form may be negotiated with Pavlina Matt (Shy Fox Photography).

Fees and Payments

12. I agree to pay Pavlina Matt (Shy Fox Photography) $100/hour for photography and post processing services of the photographs outlined in paragraph 1.

13. I understand I will be invoiced for the amounts owing following the provision of services and I agree to provide payment within 7 days of receiving this invoice.

Scheduling and Cancellation

14. I understand that Pavlina Matt (Shy Fox Photography) will contact me to schedule a suitable time to take the photographs required.

15. I agree that it is my responsibility to notify Pavlina Matt (Shy Fox Photography) if I need to cancel or reschedule any agreed appointment to take photographs at least 2 hours before. I understand that Pavlina Matt (Shy Fox Photography) reserves the right to bill me for the scheduled appointment if I do not do this.

Limited Liability

16. I understand that, except as expressly provided in this Agreement, Pavlina Matt (Shy Fox Photography) makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered. In no event shall Pavlina Matt (Shy Fox Photography) be liable to me for any indirect, consequential or special damages. Notwithstanding any damages that I may incur, Pavlina Matt’s (Shy Fox Photography) entire liability under this Agreement and my exclusive remedy, shall be limited to the amount actually paid by me to Pavlina Matt (Shy Fox Photography) under this agreement for all services provided under this agreement. 

Entire Agreement 

17. This document reflects the entire agreement between Pavlina Matt (Shy Fox Photography), and me, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Pavlina Matt (Shy Fox Photography), and me.

By entering your name below and submitting this form you are agreeing to the terms and conditions set out in this agreement.

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