Photography & Videography Terms and Conditions

Important note: Once files shared, we do not have any liability to keep the file, therefore, once shared, you have to download the content in 24 hours. NO FILES WILL KEPT IN OUR SYSTEM!

Photography Productions: 

Agreeing to a quote, or payment of deposit for the applicable production, is deemed acceptance of these terms and conditions. Customers by any mean, deemed to be agreed the following terms and conditions before proceeding with a project and prior paying the deposit.

Any amendments are to be sent in writing prior to the commencement of a project for consideration.

Definitions:

In these terms and conditions, unless the context otherwise requires: Consumer means any individual who acquires Artek services wholly or predominantly for personal, domestic or commercial use.

Customer means any person or entity requesting Artek to provide Services. Even time for prints.

Agreed Fee means the fees estimated by Artek in any quotation once accepted by the Customer.

Materials means any goods, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, photographs, films, footage, props and equipment provided by the Customer to Artek for the purposes of Artek supplying the Services. Raw Files means master files recorded by Artek as part of provision of the Services. Services means photography production and/or post production services. Project means photography production in its entirety.

Application:

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Artek with any Customer in relation to the provision of Services by Artek. All work carried out by Artek is on the basis that the Customer has agreed to these Terms and Conditions.

Venue Location Fees & Permissions:

The Customer must obtain any necessary consent or permission and pay any fees which may apply for Artek to film at a particular venue, location or event.

Artistic License:

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Artek reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Artek on request.

Customer Acknowledgements:

The Customer acknowledges and agrees that: Artek will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Artek. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Artek are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Artek, its employees and subcontractors. The Customer indemnifies and holds Artek harmless from any claims or legal actions related to the content of the Customer’s photography.

Customer’s Materials:

All Materials are used and stored by Artek solely at the Customer’s risk and Artek is under no obligation to insure any Materials. Neither Artek nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; Artek will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Artek even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of all materials delivered to Artek for the purpose of the photography.

Project Delays and Liability:

Any estimate of the date by which Artek will complete any part of the Services is contingent upon the Customer providing complete instructions to Artek and fully cooperating with Artek until Artek has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to Artek and respond to requests for feedback until Artek has ceased providing Services to the Customer. The person appointed must be available to respond to communications from Artek on every day which is a business day. Artek cannot be held liable for project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Artek.

Sub-Contracting:

Artek reserves the right to sub-contract any Services that Artek has agreed to perform for the Customer as it sees fit.

Talent/Background persons/Staff:

If the customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the customer to obtain the necessary permissions. Artek cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the customer’s expense.

Artek will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.

Customer Undertakings and Warranties:

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s photography. The Customer indemnifies Artek from any possible liability for the use of any customer supplied media in the Customers photography.

Recorded Material Ownership:

The photography files and edited photography files including all copyright remain the property of Artek. Copyright in all photography, included or recorded in the edited photography or recorded by equipment used by Artek will remain the property of the author or legal entity owning the copyright.

Intellectual Property Raw Files:

Artek does retain intellectual property of the photography production and raw Files.

Intellectual Property Licensed Materials:

Where one off license is paid for various materials used in the production, or if the material is from a Artek Subscription supplier, the customer must re license the material and/or obtain permission form Artek or pay for another license if they intend to reuse the materials in another production. Artek will not be held liable for breaches in material copyright caused by the customer.

Shot Images:

Artek will record the photography for the project using quality cameras and lighting. If the Customer rejects the images after it has been edited, unless it is an obvious mistake or poor workmanship by Artek, then a full re-shoot and editing costs will apply.

Unlimited Edited Shots:

It involves modifying clicked photographs by using simple editing techniques, such as adjusting the light, sharpening, straightening, cropping, and more can all be considered photo editing. 

Retouched Photos:

Retouched shots typically occurs with Photoshop or another image manipulation program. The most common retouching involves the removal of blemishes, removing shadows and highlights, and correcting other out-of-place details. Clothing repairs, braces removal, bodyweight removal, hair restoration, and other retouching procedures are typically challenging. There are different types of retouching for photos.

Special Provisions for Anomalous Images:

Artek reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Artek. Artek has the right to use edited or unedited photography files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Artek and the Customer. The copyright of such segments will belong exclusively to Artek.

Disposal:

Artek reserves has the right to dispose of all raw files and edited files.

Raw Files:

We shoot JPEG and the Customer may have unedited Images transferred to their own supplied hard disk; the Customer must pay Artek an additional fee between $100 to $1000.00 + GST depending of the image content. We will provide PSD, TIFF, or other formats as unedited files, but they will always be enhanced to protect our rights and reputation. Raw video only can be shared if included in the quote. 

Compensation:

Failure of equipment or illness of Artek employees and contractors, whilst all reasonable care and preparation is taken for photography and editing, Artek will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Artek or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

Right of Refusal or Termination:

Artek reserves the right to terminate the provision of Services, if: the photographer, or any person(s) employed or contracted Artek is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged. If Artek terminates the provision of Services then any Deposit paid by the Customer is non-refundable. Artek may seek compensation from the Customer for any loss or damage suffered.

Limitation of Liability:

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, Artek will not be liable for: Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Artek in writing, and the liability of Artek for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of Artek for a breach of a Non-excludable Right can be limited, Artek’s liability is limited, at Artek’s option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again. Notwithstanding any other provision, Artek is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

Force Majeure:

If Artek cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Artek’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.

Legal Costs:

The Customer will be liable for any legal costs incurred by Artek in the recovery of unpaid invoices on an indemnity basis.

Privacy:

All information received by Artek from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

Public Broadcast:

Artek retains the right to display Customers photographs on the Artek website, Facebook, Instagram, YouTube, Vimeo or similar public broadcast sites and social media channels.

Amendment:

Artek reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.

Tweaks:

Are minor adjustments to the approved script. A tweak is a slight adjustment to the photography edit; a tweak could comprise of: change of colour tone, & crop.  These are usually given at no cost as long as the original approved brief is adhered to.

Changes:

Changes are variances from the supplied or agreed brief. Changes requested by the Customer are liable to an hourly charge from Artek. However, a quote will be issued for additional changes. A Change is: new images, and generally anything that is new to the supplied brief. Any changes that are required after the job has been finalised and delivered will incur an extra editing fee.

Quotations:

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Customer tweaks and/or revisions is included in each quotation. If the Customer instructs Artek that significant changes and/or revisions to the scope of the Services described in a quotation are required then Artek shall be entitled to charge an additional Fee based on a further quotation.

Payment Policy:

A deposit of 20-50% is required upon acceptance of the quote, depending on the service. Full payment is due prior to the shoot, preferably 7 days before the service date. Payments can be made via bank transfer. Full payment is generally required before the delivery of the product to the client.

Payment must be made as outlined, and you will receive confirmation once the payment has been received into our nominated account.

Upon receipt of the quote, you have 24 hours to pay the deposit to secure your booking. If you decide to cancel, this is only possible within the 24-hour period. After that, the deposit is deemed payable, and the project may be cancelled, which could incur additional charges.

It is the client’s responsibility to review the details of the service on our website and other available platforms. Once the quote is sent, the project is considered accepted.

Scheduling and contingency fee:

One week minimum on lead time for all photography shoots or add a 30% contingency fee if anything goes wrong for a rush job. Two weeks minimum lead time for shoots.

Shoot day cancellation costs:

Cancellation cost within 72-hrs of shoot – 50%. Cancellation within 24-hrs of shoot – 100% Cancellation due to inclement weather (or any other weather considerations) is at the discretion of Artek – no cost to you. We will be in touch 24hrs prior to the event to confirm final arrangements.

Schedule:

Artek schedules each job with an allotted time frame as we work towards a due date. All communications must be handled in a timely manner to avoid additional fees and cost overruns. We value our clients time and seek to avoid other production times being affected or delayed.

Additional Work:

We are hired to create the images for you only. Any additional work such as website edits etc is not the responsibility of Artek.

Delivery Of Final Product:

Artek requires payment in full before final delivery of product to client unless other arrangements have been entered into.

Cancellation:

If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Artek are not refundable. If no deposit has been paid and work has a commenced, then the client will be liable for at least extra 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be applicable.

OTHER GENERAL CONDITIONS:

This communication may contain confidential information of the artek. If you are not an intended recipient, you must not keep, forward, copy, use, save or rely on this communication, and any such action is unauthorized and prohibited. If you have received this communication in error, please reply to this email to notify the sender of its incorrect delivery, and then delete both it and your reply.

all inclusions must be discussed prior booking, otherwise artek has no liability against your wish list.

If you booked an event, without mentioning its occasion or booked with wrong event category and on a shooting day, shooter realized it’s a wedding or engagement, there will be 50% extra charge due to not being transparent and booking general event instead of special event.

As we engage in production tasks, the initial quote may not remain constant and could be subject to variation based on the nature of the project. It is important to be aware that any increase in production volume beyond the estimated time may result in a change in price.

If there will be another shooter in venue, it has to be discussed prior booking, otherwise its breach of the contract and potential loss of whole fees to be paid on location.

Payments must be completed prior to the project. A late fee of 10% will be applied if full payment is delayed by up to 3 days, with an additional 5% charge for each subsequent week of delay. Please ensure the balance is paid on the day of the shoot. For weddings, payment can be made the following day.

Any particulars need to be discussed and shared to make sure all your needs are covered; therefore, you need to elaborate for anything you need to be captured or no need to be captured. Please let us know in advance what you expect to receive.

Please pick up your preferred colour and temperature properly, once files shared, there will be extra charge for extra edit

If you are our client by any means, you accepting your photos & videos to be shared on our website or Instagram page for promotional and advertisement purposes. If you wish not this to happen, please let us know prior booking.

If any photo has been attached, we share it for demonstration only and has no liability in any regards.

Delivered files via online platforms won’t last longer than 72 hours after delivery. If you need them to stay longer on the online drive, you have to request it prior booking, otherwise we are not liable for delay of downloading files, if client forgotten or have issues downloading. Once files shared and for any reason cannot be accessed, please let us know within 72 hours to extend the files.

It is the client responsibility to share the brief prior the booking. the general shooting is candid shots but if noted, there will be some group / posed shots, therefore the client must directly request any particulars prior the booking hence each event is unique as per your needs, the default shooting is candid style with some group shots.

We aim to deliver all captured shots in our default photoshoot package, which includes unlimited edited photos. However, retouching is a separate service and requires additional payment. The specifics of retouching should be discussed and arranged individually for each booking.

Any styles and poses advised by us are only for demonstration. Models and clients need to know own poses. The model understands that in order to achieve the best images possible, both model and artek must communicate responsibly. Artek is not liable for any unusable images, due to the lack of cooperation from the model or any unforeseen circumstances.

The client/model will be positioned in many poses or a comfort level they may not be comfortable with in order to capture the best image the photographer(s) believes possible. The model agrees and understands that it’s the model’s responsibility to identify to the photographer(s) face to face the model’s personal likes, dislikes of body characteristics, comfortable nudity or partial nudity level, poses and their comfort level verbally before photography / video shoot starts.

Only edited photos through us has the right to be posted online with our credentials to be noted. The watermark is part of the product we deliver to you. Please ask prior if you wish not to be watermark free.

We do not share raw files and not accept unedited photos to be posted without our formal permission.

You shall agree there will be no compensation for model’s time, talent, travel, services, clothing, props, equipment, or use of location associated with the model.

It’s an illicit act to take photos during our photo shoot, makeup or styling.  Please do not take photos of our equipment or our team members by any means.

You accept not to alter the images or videos in any way other than to crop for social media purposes. Re-edits are not permitted. I understand that i will not be held liable for the misuse/discredit of the photographer’s work by others once the images have been placed online in digital format by me, as long as i have done my part in properly crediting the photographer and any/all involved parties (wardrobe stylists, photographers, makeup artists, hair stylists, venue, jewellers, etc.

Models or client aware, they have no right to lodge any claim against artek or the photographer, assistant or hair & makeup artists by any means.

Photography session is 45 minutes unless otherwise noted. 

Carpark fees payable by client if applicable.

It is breach of contract if our product distributed, sold or shared to any third party such as dj, dance group and other performances.

Our standard turnaround time is two weeks for photos and four weeks for highlights unless otherwise discussed in advance.

I further waive any and all rights to review or approve the images prior to their print or digital release for the photographer’s use. I understand that i am able to use the images of myself, taken by artek, for my own portfolio, personal print, and/or social media accounts, but only with proper credit given to artek (either by business name, twitter/Instagram handle, Facebook tag, or website credit.

This is our job to choose what product has to be delivered, there might be other shots which we do not use due to its issues which only can be judged by us.

Choosing the snippets and the background music is based on our preference unless specified otherwise by the client at the time of booking. A fee applies for removing or changing either the snippets or the background music.

When highlighted video chosen by client, they don’t have right to ask for other snippets unless discussed prior and paid for.

If you do not accept these conditions, it is your responsibility to request any necessary modifications before finalising the booking. These conditions are integral to the contract and cannot be disregarded.

Covid19 Policy – Our Photographers, Videographers and editing staff are fully Vaccinated and are happy to provide Vaccination Certificates upon request.