LJM Photography

TERMS AND CONDITIONS

The Agreement comprises these Terms and Conditions and the Contract setting out the photography services to be provided. The Agreement is made between LJM Photography (VIC) Pty Ltd (ACN 613626010) (“LJM") and the Client (“the Client”) whose particulars are recorded in the Contract. It is hereby agreed as follows:-

DEFINITIONS

1.    For the purposes of this Agreement and unless stated otherwise:-

·       ‘Assignment’ means the particular photography services being provided in accordance with the attached Contract.

·       ‘Client’ means the client named in the attached Contract as signed by them

·       ‘Contract’ means the contract for photography services signed by the parties and forming part of these Terms and Conditions.

·       ‘Digital Files’ means a USB stick, dropbox file or other appropriate storage file or device containing LJM's images from the Assignment.

·       ‘Event’ means the event on the Nominated Date for which LJM is providing the contracted services.

·       ‘Nominated Date’ means the date for the Assignment listed in the Contract signed by the parties.

·       ‘Variation Fee’ means the fee payable by the Client to LJM should the Client require a variation of the nominated date in accordance with the LJM price list from time to time.

BOOKING AND RESERVATION DETAILS

2.    The Client agrees that the information contained in the Contract as signed by them and the price list accompanying it are correct at the time of signing and form part of these Terms and Conditions.

3.    Upon signing of the LJM will reserve the Nominated Date agreed upon in the Contract and will not make other reservations for that time and date.

4.    A description of the services to be provided by LJM is contained in the Contract. The client agrees that services will be provided by members of LJM’s team of photographers as deemed appropriate by LJM in accordance with the Contract.

5.    Should any variation be required to the services to be provided under the Contract the Client must provide written notice to LJM prior to the Nominated Date. LJM will make every reasonable effort to incorporate such variations on the Nominated Date but cannot guarantee that all variations will be accommodated.

6.    (a) At the consultation the Client will provide to LJM any specific requests in relation to the Assignment including but not limited to a list of any specific persons to be photographed. LJM will make every effort to capture the desired images as requested, however due to the dynamic nature of the Assignment no specific photographs can be guaranteed.

(b) Should the Client require any variation to the agreed schedule written notice must be provided to LJM prior to the Nominated Date and LJM will make every reasonable effort to incorporate such variations on the Nominated Date but cannot guarantee that all variations will be accommodated.

7.    LJM does not accept any liability for the extent and quality of photographic coverage where the information supplied by the Client is incorrect or incomplete or varied and written confirmation is not provided by LJM.

8.    All bookings, including but not limited to the booking of any venues or photography locations and all associated costs are the sole responsibility of the Client.

SERVICE PROVISION ON THE NOMINATED DATE

9.    (a) It is agreed by the parties that LJM will act as the sole and exclusive photographer for the Assignment on the Nominated Date. The Client agrees that they are responsible for notifying any guests or participants that photography by them is not permitted at any time during formal photography sessions with LJM and at all other times guests and participants will provide LJM adequate room to perform their services.

(b) LJM reserves the right to cease performance of all services under the Contract where any other professional photographer is present and performing photography services for the event on the Nominated Date.  This shall be deemed a material breach of this Agreement and shall result in termination of this Agreement.

10. LJM is limited by the guidelines of any venue restrictions. The Client understands and agrees to accept the technical results of their imposition on LJM. Any negotiation or modification of any such guidelines or restrictions is the sole responsibility of the Client and notice must be provided to LJM in writing prior to the Nominated Date.

11. The Client agrees that the schedule for the Nominated Date will be adhered to by the parties. Any delays in the event on the Nominated Date are not the responsibility of LJM and LJM accepts no liability for any photographs not taken as a result of any such delays.

12   (a) LJM accepts no liability for any missed images or moments during the course of the Assignment. It is the sole responsibility of the Client to make any specified persons available to be photographed at the agreed time and to ensure that guests or others do not interfere, impede or obstruct LJM from performing their duties on the Nominated Date. LJM reserves the right to prohibit or restrict any guest or other photography during formal photography times at their discretion.

(b) The Client acknowledges and understands that LJM uses a highly stylised and photojournalistic approach to the Assignment with few prearranged or posed shots. Any failure by LJM to deliver any specific image shall not be a breach of this Agreement and shall not result in any liability of LJM to the Client whatsoever.

13   (a) LJM will not tolerate verbally or physically abusive behaviour or exposure to any illegal activity nor will it share its time or compete with guests or participants for the attention of the subjects to be photographed. Guest or participant conduct that interferes with LJM may detrimentally affect the quality of photographs taken. Where guest or participant conduct reaches a level unacceptable to LJM or where any damage or injury is caused to LJM or its equipment this shall result in termination of this Agreement and LJM shall cease provision of all services.

(b) The Client fully indemnifies LJM from any claim, loss, damage, injury or liability to LJM or to LJM's equipment arising or resulting from or caused in accordance with Clause 18(a) herein

14  LJM cannot perform the Assignment without the cooperation of the Client. Where LJM is unable to deliver a portion of the work or other services required under the Contract due to a failure on the part of the Client to cooperate or provide the necessary requirements for the work then LJM shall not be entitled to deliver that portion of the services to the Client.

15  LJM shall not be held liable for any injury caused to any persons for any directions issued by LJM to the Client or other persons while performing the contracted services on the Nominated Date. All such directions are deemed to be at the said person’s own risk.

COMPLETION SCHEDULE AND FINAL DELIVERY

16.  (a) Digital processing of images will take up to six weeks[H1]  following the Nominated Date. LJM will, during this period, make all images available for viewing via an online gallery accessible by the Client.

(b) Once all images have been loaded on the online gallery LJM will advise the Client. The Client will then have 3 weeks to select 20 images in accordance with the Contract.

 (c) The images will be completed as colour images, black and white images or a combination of each at LJM’s absolute discretion.

(d) Any orders additional to those included in the agreed Collection will be subject to further charges in accordance with the Contract and the accompanying Price List and are payable prior to production

(e) Where the Client requests delivery of any products all postage, courier or delivery fees will be solely the responsibility of the Client. LJM does not accept any liability for lost, stolen, delayed, damaged or destroyed packages in the post or any other delivery service requested by the client.

17. LJM uses an external printing laboratory chosen at its absolute discretion to fulfil all Collection and other orders and produce all hard copy images in optimum print quality. Colour representation will be as accurate as possible however LJM does not guarantee that colours as they appear in the digital files will be reflected in the hard copy images.

18. Upon delivery preservation of 20 images in high resolution and low resolution Digital Files, is the sole responsibility of the Client. The Client understands and agrees that hard copies and Digital Files can deteriorate and corrupt over time, particularly when exposed to strong light sources. Once the client receives the Digital Files LJM strongly recommends making backup copies of all images and storing them in different locations. LJM accepts no liability for lost, damaged or destroyed images, Digital Files or final products.

19. The client may purchase additional images from LJM Photography at $40 per image or the full collection for $550.00. 

20. The Client agrees and acknowledges that they are familiar with the LJM portfolio and the services of LJM with knowledge of the LJM style of works. The work of LJM is constantly evolving and LJM services are of a unique and artistic nature. Images created for the Assignment may be different to images previously created by LJM. In performing services and creating images for the Assignment LJM shall use its personal artistic judgment to create images consistent with its vision of the event, which vision may be different to that held by the Client. The Client agrees that images shall not be subject to rejection on the basis of taste or aesthetic criteria and no refund of amounts paid is available on this basis.

COPYRIGHT AND USAGE

21. Copyright for all images created by LJM for the Assignment including hard copy images and Digital Files remain the property of LJM.  All such images are available for LJM to use unconditionally and in its absolute discretion for display, publication and other promotional purposes including but not limited to websites, magazines, exhibition and other promotional and advertising purposes. All guests and persons associated with the Client and the event on the Nominated Date shall be deemed to have consented to the use of their name, image or likeness by the Client and LJM and the Client shall fully indemnify LJM against any claims made by such persons against LJM.

22. LJM grants a licence to the Client to use the images delivered to them for personal use, including to make digital or hard copies, print and display or post to digital and social media websites with associated scaling to size. LJM does not permit the reproduction, sale or use of the images or any portion of them for commercial or profit purposes in any way. The client will not alter the images in any way without written consent from LJM.

GENERAL

23. These terms may be varied from time to time by LJM in its absolute discretion. LJM will give written notice of any amendments to the terms and conditions to the Client.

24. No amendment or waiver of or any consent to any departure by a party from any provision of this Agreement is of any force or effect unless it is confirmed in writing and signed by all parties and then that variation, waiver or consent is effective only to the extent for which it is made or given.

25. (a) The several covenants and conditions and each and every part thereof contained in this Agreement shall be so construed as not to infringe the provisions of any Act or law whether State or Federal but if any such covenant or condition on its true interpretation does infringe any such provision that covenant or condition shall be read down to such an extent as may be necessary to ensure that it does not infringe that provision and as may be reasonable in all the circumstances to give it a valid operation to the greatest possible extend and in the event that the infringing covenant or condition.

(b) If any term or terms of this Agreement shall be determined by any Court having jurisdiction in relation thereto to be illegal, invalid, void or voidable the legality or validity of the remainder of this Agreement shall not be affected and the illegal, invalid, void or voidable term or terms shall be deemed deleted therefrom to the extent and effect as if never incorporated herein but the remainder of this Agreement shall continue in full force and effect

26. (a) All notices and other communications provided for or permitted hereunder in this Agreement shall be sent by certified or registered mail with postage prepaid, by hand delivery, or by email as follows:

(i) if to LJM in accordance with the address details provided in the Contract

(ii) if by email to the email address provided in the Contract

(iii) if to the Client in accordance with the address details provided by the Client in the Contract

(iv) If by email to the email address provided by the Client in the Contract

(b) or such other address or person as either party may specify in the Contract or by notice in writing to the other.

(c) All such notices or communications shall be deemed to have been received by LJM when actually received by LJM at the address or email address as set out in Clause 44(a) herein.

(d) All such notices or communications shall be deemed to have been received by the Client as follows:-

(i)    immediately in the case of notification by electronic mail or facsimile transmission before 5.00pm on a Business Day;

(ii)    on the next Business Day in the case of notification by electronic mail or facsimile transmission after 5.00pm on a Business Day;

(iii)    on the next Business Day in the case of notification by express post or registered post; or

(iv)    four (4) Business Days later in the case of notification by ordinary post.

27. This Agreement is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

28. The failure, delay, relation or indulgence on the part of a party in exercising any power or right conferred upon that party by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement. A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

29. The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.