Terms & Conditions
Agreement
Dorman Creative Photography (Pin Boke Pty Ltd) and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.
Engagement and Services
The Agreement is between Dorman Creative Photography (Pin Boke Pty Ltd) and the Client named in the photography contract. The Client wishes to engage Dorman Creative Photography (Pin Boke Pty Ltd) and Dorman Creative Photography (Pin Boke Pty Ltd) accepts the engagement to hereby:
(a) provide the Services to the Client and
(b) produce Digital Photographs supplied on USB
Contract and Payment Arrangements
An electronically signed photography contract and 50% deposit is required to retain your booking. Dorman Creative Photography (Pin Boke Pty Ltd) will not make any other bookings for that period. For this reason, the booking deposit is nonrefundable for any reason whatsoever. The remaining amounts are to be paid once first round edits are complete, at which point Dorman Creative Photography (Pin Boke Pty Ltd) will provide a non downloadable preview of the completed images. Upon receipt of the remaining invoiced amount Dorman Creative Photography (Pin Boke Pty Ltd) will release the images for download.
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: www.dormancreative.com on the bottom of the website. Our terms and conditions apply to all previous, current and future clients.
The Client agrees to pay the Fee to Pin Boke Pty Ltd. All amounts payable under this Agreement are inclusive of GST. All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of and must be paid for by the Client and will be billed additionally.
Cancellations
If a cancellation is made within 12 months from the shoot date, the 50% retainer deposit is void. If Dorman Creative Photography (Pin Boke Pty Ltd) fails to complete the agreed upon services, for whatever reason, all monies paid by the client will be refunded.
Force Majeure Clause
Pin Boke Pty Ltd is not responsible for any failure to perform any obligation under these T&Cs if its performance has become impossible due to any matter beyond the reasonable control of Pin Boke Pty Ltd which includes (but is not limited to): fire, flood, tempest, earthquake, riot, civil disturbance, natural disasters, national emergencies, pandemic, government interference, theft, crime, strike, lockout, breakdown, war, or the inability of the Pin Boke Pty Ltd's normal suppliers to supply necessary matter beyond the reasonable control of Pin Boke Pty Ltd. In such circumstances, Pin Boke Pty Ltd will be under no obligation to refund the Deposit or Invoice.
Schedules
Pin Boke Pty Ltd will provide a schedule for the time that the client has booked. The schedule will include all known times for each component of the event day. It is the responsibility of the client to inform Pin Boke Pty Ltd of any changes or additions made to the schedule no sooner than 7 days prior to the shoot date. Pin Boke Pty Ltd is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. Pin Boke Pty Ltd will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.
Limitations from venues
Please note that Pin Boke Pty Ltd is governed by the restrictions imposed by churches and venues. In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the client to inform themselves of these restrictions and inform Pin Boke Pty Ltd prior to the event date. Pin Boke Pty Ltd will not be held responsible for any lack of photographs delivered due to these restrictions.
Copyright
Copyright in the photographs is retained by the client for private, domestic and personal use only. Any sale or commercial use must have written approval by Dorman Creative Photography (Pin Boke Pty Ltd). Dorman Creative Photography (Pin Boke Pty Ltd) asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Dorman Creative Photography (Pin Boke Pty Ltd) except in the case of cropping an image. The client may submit images to their other vendors for social media use only or to “real events” sections of websites, magazines, and blogs, however, a credit to Pin Boke Pty Ltd as the photographer must be given in the form of either a social media handle or direct website link. Our social media handle is @dormancreativephotography and our website link is www.dormancreative.com
Image Style & Editing Process
The client acknowledges that they are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that Pin Boke Pty Ltd will use their expertise and artistic judgement to create images consistent with their vision of the event, which may be different from the clients. Our editing encompasses color grading of all selected images for the client in Lightroom, however, our prices do not include cropping or advanced editing/retouching such as individual removal of pimples, scars, double chins or distracting elements. Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.
Image use (Optional)
Pin Boke Pty Ltd may use the photographs for advertising or otherwise promotional purposes. This is optional and the client must inform Pin Boke Pty Ltd in writing if they do not wish to have their images used in any advertising or promoting.
Image Storage
Pin Boke Pty Ltd will keep copies of both your finished jpegs for 5 years and your RAW files for two years from the date of your event.
Delivery
All clients will be supplied with high-resolution jpeg files upon final delivery of USBs. At no stage will RAW files be delivered. Online galleries will be uploaded within a week of the event date excluding public holidays. Final delivery of USB drives will be six weeks excluding public holidays and delivery times.
Attendance
In the unlikely event your chosen photographer is unable to complete the coverage due to unforeseen circumstances such as serious injury or death; we will work together to find a professional photographer to cover your day.
Loss or Damage
Dorman Creative Photography (Pin Boke Pty Ltd) shall carry out this assignment with due and professional diligence. Elements that are beyond our control include interruption of our service due to guest photographers, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss, Pin Boke Pty Ltd and the client agree that the liability of Pin Boke Pty Ltd shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.
Coverage
Every effort will be made to capture as many moments of your day as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or desires for specific photos to be captured, please write them down on a list and we will do our best to get them. Because of the ever-changing nature of shoot days, not everything can be covered.
Guest Cooperation
The client is responsible for the conduct of their guests. Pin Boke Pty Ltd will not tolerate verbally or physically abusive behavior. If the client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client understands that in such an event, no refunds will be granted.