Terms and conditions
CONTRACT FOR SEVICES
Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints thereof, shall remain the property of Nelson Azevedo Photography, and may not be used for advertising, display or any other purpose other than personal enjoyment.
If photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographer’s originally agreed terms or due to photographer’s illness or injury, then Nelson Azevedo Photography will return all fees to the client(s), but shall have no further liability with respect to this agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and it’s agents, family members and assignees, if any, shall indemnify and hold harmless Nelson Azevedo Photography from any and all claims for damages arising out of the performance of any of the services contemplated by this agreement, with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
Upon agreeing to this contract, Nelson Azevedo Photography will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable including but not limited to the date changing or becoming cancelled for any reason.
No photography/proofs will be released to the client and no rights are granted until timely payment is received in full.
DAY OF THE SESSION
You agree that you will be dressed in your first outfit, and arrive on time to the chosen location. If you are late, time will be taken from your session or charged under “Extra Time” herein, at the sole discretion Nelson Azevedo Photography. Friends and family are welcome, under the mutual understanding they do not interfere with the photographer and the photography taking place. Pictures with friends or family are not permitted unless it has been discussed previously with the approval of the photographer.
PAYMENT AND PACKAGES
Full payment must be paid no later than the agreed date of photo shoot. You will not receive any images, nor will any images be processed or edited unless full payment of the entire package is received. Online payment is the only accepted accepted form of payment. You may not downsize to a smaller package once the deposit for initial package selection has been paid, however, you may upgrade to a larger package at any time. Upgrading to a larger package may alter the timeframe originally agreed upon. Separate charges will apply for the specified package.
A further payment of all necessary expenses (unless otherwise specified) such as parking, fuel, travel, taxi, hotel charges etc., to be paid with photo shoot package payment. The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.
RECEIVING YOUR PROOFS, RETOUCHED PHOTOS AND PRINTS
Please allow up to 14 days from the date of your session to receive your proofs, up to 30 days after you have selected your proofs for retouching, and an additional 7-14 days for any additional edited images to be ready.
Proofs are not intended to be full resolution and should only be used as a reference for the photos to select for retouching. Photos from the proofs are unedited, and may not be posted online for any reason. This includes but not limited to any form of social media, websites, blogs or message boards. The posting of an unedited photo online in any place will result in a breach of contract.
PROOF SELECTION & POSES
Proof selection is sent digitally only and images must be chosen within 7 days of receiving your proofs. Failure to do so will result in delayed process for your photos. After 30 days of no proof selection your order will be deferred. You will not receive any extra proofs other than the ones chosen by the photographer to be your “top” photos from the session.
Cost of additional photos is $30 each. Additional photos confirmed via email are final and all additional photos ordered must be paid for before retouching may begin.
RETOUCHING TIME AND PROCESS
The retouching process begins only once proofs are selected and confirmed with photographer. The time taken to choose proofs will serve as a factor in the retouching process. Clients who choose their proofs first will get their photos retouched first, regardless of when their photos were taken and which package they have. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.
Any additional time spent (due to the lateness of the client), retouching, or editing, that are not otherwise paid for under this contract shall be charged at the rate of $60 per hour. Nelson Azevedo Photography may elect to perform these services or refuse them, at his sole discretion. Client agrees to pay these services as invoiced, and may be required to pay for these services ahead of their provision.
COLOURING AND RETOUCHING
The retouching process may include: exposure and colour correction, blemish removal, removal of flyway’s, skin contouring, skin tone correction, minor body reshaping and background spot removal.
Further image manipulation requests such as compositing, changing body shapes or replacing body parts, tattoo / freckle / wrinkle or scar removal, opening of eyes, fixing clothing, removing people or objects from a photo, fixing / adding makeup and or tan, extending the background or adding anything to photos will incur additional fees at a rate of $60/hour.
UNEDITED PHOTOS/PHOTO POLICY
Client agrees that unedited photos will not be shared online for any reason, this includes but is not limited to; Facebook, Instagram and or any other forms of social media, websites, blogs or message boards. The posting of an unedited photo online in any place will result in a breach of contract.
The only unedited photos the client will receive are the low resolution proofs to be chosen for retouching. Only your retouched photos will be released. Additional photos are available for purchase at a cost of $35/photo.
All outtakes and unedited photos are the property of Nelson Azevedo Photography and are not to be shared, distributed or posted online under any circumstances unless otherwise agreed upon by Nelson Azevedo.
OVERALL APPEARANCE AND PERSONAL ITEMS
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your clothes, makeup, hair and overall appearance are the way you want for the photos. The photographer is not responsible for any styling, makeup / tanning issues, hair problems or any other factors in the photography other than the directing and photography of the client.
WEATHER AND SESSION CHANGES/LOCATIONS
You are permitted to switch your day due to weather or medical reasons only, granted no other sessions are scheduled that day and it works for the photographer.
Locations within 15 minutes of the Gold Coast are free, any other location outside 15 minutes of the Gold Coast is subject to a separate charge based on distance of $0.86 per kilometre. Cost of location, permits for shooting or availability and the choosing of a location is the responsibility of the client. Unless otherwise stated, all photo sessions come with ONE location in the Gold Coast. Add-on locations are additional cost.
DIGITAL FILES, CDs AND EXTRA PRINTS
CDs are not available through Nelson Azevedo Photography. All files will be sent digitally through Shootproof or E-mail and will be made available for download. Any and all edited photos ordered are non-refundable, whether or not client decides to keep them.
If you are not satisfied with your photos, you may be refunded up to half of the total package if the issue stems on the photographer’s end. You will only be eligible if you have made this known to the photographer before any retouching is made and only if the photographer agrees that it is appropriate. If you choose to re-do your photos for any reason, it will be considered as a new session and you will need to purchase a new package. The deposit is strictly non-refundable and non-transferable. In the event of an emergency, equipment failure or other unforeseen circumstance, the photographer will return any money given up to that point but claims no further liability.
The Client is obtaining prints for personal use only, and shall not sell said prints. It is not permitted to give photos to vendors having their products or setups photographed in order to use for advertising or promotion. No commercial use is granted by the issuance of print or digital photos unless otherwise specified.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures while Nelson Azevedo is working. Nelson Azevedo Photography shall be the exclusive photographer retained by the client for the purpose of photographing the event/session. Guests, family and friends of the client shall be permitted to photograph using mobile phones only provided they shall not interfere with the photographer’s duties.
PHOTO REORDERING AND TIME FRAME
You may reorder additional photos from your session for up to 12 months of original date of photo session. To keep organised and conserve space, your photos may be archived 30 days after your order has been completed and deleted after 120 consequently resulting in your photos being made permanently unavailable. You waive any and all claims against Nelson Azevedo Photography for the unavailability of such photos, even if you must replace them at your own cost. Therefore, it is recommended you pick your photos out and finalise your choices with the photographer as soon as possible.
Once all selected images have been finalised you will be contacted via email and made aware when your photos are ready, but it is ultimately your responsibility to check your email for any messages regarding your proofs or retouched photos.
By continuing, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.