Superpower Portraits - Terms and Conditions

1. Photographer’s Responsibilities. Jason Malouin and Superpower Portraits ("Photographer") hereby agrees to perform photographic services for Client at the Session specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Session. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Session, its participants, weather, and any rules or restrictions of the venue or official conducting the Session.
If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Session, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Session. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.

2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Session or to supply images.

3. Copyright.  All photographs taken by Photographer at the Session, in whatever form, are copyright protected.  The standard license included in all Superpower Portraits products gives the Client the right to nonexclusive, unlimited, lifetime usage across all media in all territories. This means Photographer will allow reproduction and publishing (in print or digital) for personal/ professional use (eg. promotional materials, business collateral, social, blogs, etc.), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law.  The Licence cannot be transferred without Jason Malouin/ Superpower Portraits written consent.  No License or Usage consent is granted until payment is final.  Photographer retains Copyright in all images taken at the Session. This clause shall survive the Term.

4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved images to the Client, unless terminated earlier as provided herein.

5. Session Changes. Photographer must be notified immediately of any changes in schedule or location, at least 10 Business Days in advance of the scheduled Session date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. zIf the date of the Session changes, and notice is not given the period specified above, then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer's availability.

6. Delivery Date. The Images shall be delivered no later than 15 Business Days from the date of final Client image selection.

7. Price Protection. Photographer warrants all prices quoted for Session images are valid for a period of 6 Months following the Session. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.

8. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Session for instructional or marketing purposes without payment of any additional fee.

9. Client Approval.  The Client is responsible for having its authorised representative present during all “shooting” phases of the Assignment to approve the Photographer’s interpretation of the Assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance there is no right of rejection.

10. Cancellations and Postponements.  The Client is responsible for payment of all Production Expenses incurred up to the time of the cancellation. If notice of cancellation is given less than 10 Business Days before the shoot date/ time, the Client forfeits the Booking Deposit.  If a Cancellation or Postponement is requested more than 10 Business Days from Commencement of the Project, the Date and Time can be changed without extra charge or loss of deposit (not including external Production Expenses - e.g. venue hire, prop hire, travel/ accommodation bookings, etc.)

Weather postponements: Unless otherwise agreed, the Client will be charged 100% of the fee if the postponement is due to weather conditions on location and 50% of the fee if postponement occurs before departure to the location.

Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Session on the specified date, and shall make no other reservations for that date. If Client cancels the Session entirely, then Photographer shall not be required to repay any of the payments made by Client.

11.  Reshoots.  Jason Malouin will charge I00% of their fees, charges and expenses on any re-shoot requested by the Client.

12. Quotes.  A quote is valid for 30 days from the date of issue. Final billing will reflect actual, not estimated expenses plus applicable taxes. Fees and expenses quoted in this estimate are for the original layout and job description only and for the uses specified. 

13. Force Majeure. If Photographer is unable to attend Session due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.

14. Jurisdiction. The state and federal courts serving New South Wales, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties consent to the jurisdiction of such courts.

15. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.

16. Assignment. This Agreement may not be assigned.

17. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.

18. LIMITATION OF LIABILITY.  PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

19. Choice of Law. This Agreement shall be governed by the laws of the State of New South Wales, notwithstanding its conflicts of laws provisions.

20. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during,or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

21. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Session until such time as the Images is delivered to Client. Once the Images has been delivered, Photographer shall have no further obligation to preserve the images of the Session, regardless of the form of media in which they are stored.

22. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.