Terms and Conditions.
1. Definitions.
In these Terms and Conditions, the following definitions apply:
- “Photographer” refers to Luxwerk Photography and its representatives.
- “Client” refers to any individual, group, or entity that has entered into a service agreement with the Photographer.
- “Images” include photographs, videos, digital scans, designs, artworks, paintings, drawings, or any other item created or captured by the Photographer as part of the services.
2. Copyright and Ownership.
- The copyright of all Images produced by the Photographer remains with the Photographer at all times throughout the world.
- The Photographer grants the Client a license to use the Images as agreed upon in the service agreement. This license does not include ownership of the copyright or physical Images.
3. Use of Images.
- The Client is granted a non-exclusive, non-transferable license to use the Images for the purposes outlined in the service agreement.
- Any use of the Images beyond the scope of the license must be agreed upon in writing and may be subject to additional fees.
4. Payment and Fees.
- Full payment of the agreed fee is required before the delivery of the final Images.
- A non-refundable retainer is required at the time of booking to secure the Photographer’s services.
5. Cancellation Policy.
- If the Client cancels the booking within two weeks of the scheduled date, a cancellation fee of 50% of the total fee will be charged.
- Cancellations within one week of the scheduled date will incur a cancellation fee of 100% of the total fee.
6. Artistic License and Use of Images for Promotion.
The Photographer reserves the right to use any Images taken during the service for portfolio and promotional purposes unless otherwise agreed with the Client in writing.
The Client is responsible for obtaining all necessary consents, releases, and permissions from individuals appearing in the Images. The Photographer is absolved from any claims, losses, damages, or liabilities arising from the use or reproduction of any Image or its caption.
The Photographer’s portfolio contains examples of past work, showcasing the range and style of the Photographer’s artistic capabilities. The Client acknowledges that the Images produced for their project may not be identical to those in the portfolio due to the unique and creative nature of photographic art. Differences in subject matter, location, lighting, and other variables contribute to the individuality of each project. As such, dissatisfaction based on artistic differences or the creative style of the Photographer is not a valid reason for rejecting the final product.
7. Delivery and Archiving of Images.
- Clients must download and save delivered photos within 7 days of delivery. Luxwerk may, at its discretion, agree to resend photos after this period, and a fee may be applied. Luxwerk is not obligated to store photos beyond this period.
8. Raw Files.
- Luxwerk Photography does not release unedited raw files from the photoshoots unless agreed otherwise with the Client. A fee may be applied for the release of raw files.
9. Force Majeure.
- In the event of unforeseen circumstances beyond the control of either party, such as natural disasters, war, or illness, the Photographer will not be liable for failure to perform the services. Where possible, the Photographer will reschedule the service.
10. Liability.
- Luxwerk Photography takes all reasonable care in the performance of this agreement. However, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any Image or its caption.
11. Jurisdiction.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Western Australia.
12. Acceptance of Terms.
- Payment of the retainer and/or full payment constitutes acceptance of these Terms and Conditions.
