This Photography Client Contract ("Contract") is entered into by and between JC Mitchell Services Pty Ltd (ABN 61 673 692 905), trading as Everline Imagery (referred to throughout this Contract as "Everline Imagery" or the "Photographer"), and the Client.

By ticking the acceptance box and paying the required Booking Fee (Deposit), the Client acknowledges that they have read, understood and agree to be legally bound by the Terms and Conditions set out below.

1. Services Provided

Everline Imagery agrees to provide professional photography services as confirmed at the time of booking, including but not limited to:

Dance Audition Photoshoots
Creative Dance Photoshoots
Mini Sessions
Commercial Photography
Headshots
Branding Photography
Other photography services offered by Everline Imagery

The session date, time, duration and location will be confirmed by Everline Imagery.

2. Fees & Payment

Booking Fee (Deposit)

The Booking Fee (Deposit) is the amount required to secure the booking, as communicated at the time of booking.

Session Fee

The Session Fee is the total agreed price for the photography session, inclusive of the Booking Fee (Deposit).

Outstanding Balance

Any remaining balance, together with purchases of additional images, products or services, must be paid in full before final edited images are delivered unless otherwise agreed in writing.

The Booking Fee (Deposit) is strictly non-refundable except where expressly stated within this Contract.

Accepted payment methods include credit card, bank transfer and any other payment methods offered by Everline Imagery.

3. Cancellation & Rescheduling

Cancellation requests must be made at least 48 hours prior to the scheduled session.

Cancellations made more than 48 hours before the session will incur a 10% administration fee.
Cancellations made within 48 hours of the session will result in forfeiture of the Booking Fee (Deposit) and any other amounts already paid.
Failure to attend a booked session will be treated as a cancellation within 48 hours.

If Everline Imagery is unable to fulfil the booking due to illness, equipment failure or other unforeseen circumstances, the Client will be offered either:

a full refund; or
an alternative session date.

Everline Imagery reserves the right to terminate a session immediately if the Client or any accompanying person behaves in an abusive, threatening, disrespectful or inappropriate manner. In such circumstances, the Booking Fee (Deposit) and any other payments already made will be forfeited.

4. Session Policies

Clients are expected to arrive on time and fully prepared for their session.

Late arrival may reduce the available shooting time and may affect the number and variety of images captured.

Throughout the session, the Photographer will provide posing and technique coaching where appropriate.

Every reasonable effort will be made to achieve the Client's requested poses and artistic goals. However, Everline Imagery cannot guarantee that every pose, movement or technical element will be successfully achieved.

The final appearance of photographs is influenced by many factors beyond the Photographer's control, including but not limited to the Client's technique, strength, flexibility, balance, posture, expression, preparation and performance on the day.

Overtime

Sessions are scheduled according to the allocated booking time.

If a session exceeds the scheduled duration by more than 10 minutes due to client-related circumstances, including but not limited to:

additional outfit changes;
repeated requests to reshoot poses;
extended coaching requests;
late arrival; or
any other request that prolongs the session,

an overtime fee of $110 per additional 30 minutes (or part thereof) will apply.

Overtime charges must be paid before final edited images are delivered.

5. Deliverables

Proof Gallery

Following the session, the Client will receive an online proof gallery containing a curated selection of images.

Proof images are supplied for viewing and selection purposes only and are not final edited photographs.

Image Selection

The Client is responsible for selecting their included images from the proof gallery within the timeframe requested by Everline Imagery.

If selections are not received within the requested timeframe, Everline Imagery reserves the right to:

delay delivery until selections are received; or
select the included images on the Client's behalf.

Final Edited Images

Only the Client's selected included images, together with any additional purchased images, will receive final professional retouching.

Final edited images will be delivered as high-resolution digital files via an online gallery.

Additional images, products and prints may be purchased in accordance with Everline Imagery's current pricing.

Delivery Timeframe

Delivery of final edited images is estimated within 3–5 weeks of:

receiving the Client's image selections; and
payment of any outstanding balance and additional image purchases.

Delivery timeframes are estimates only and may vary during peak periods.

Rush editing is available where offered and is charged at $33 per image.

Images will be edited in Everline Imagery's signature style as displayed throughout its website, portfolio and social media. Requests for alternative editing styles cannot be accommodated.

6. Editing Standards

Standard editing includes:

cropping and composition refinement;
straightening;
background and floor cleanup;
colour correction;
exposure adjustment;
lens correction;
skin and beauty retouching; and
removal of marks from shoes, costumes and clothing.

Editing does not include altering dance technique, turnout, flexibility, posture, body proportions, facial expressions, choreography or other performance-related characteristics unless specifically agreed to as an advanced retouching service.

Advanced editing requests, including but not limited to body part swaps, image composites or extensive digital manipulation, are charged at $33 per image, unless otherwise quoted.

7. Client Satisfaction & Artistic Discretion

Photography is a subjective art form.

Everline Imagery does not guarantee that the Client will personally like every photograph, pose, expression, body position, styling choice or how they perceive themselves in the images.

The Client acknowledges that the final appearance of photographs is influenced by factors including, but not limited to, dance technique, strength, flexibility, balance, posture, expression, wardrobe, styling, hair and makeup, and preparation for the session.

The Photographer may provide coaching and repeat poses multiple times where appropriate. However, repeated attempts do not guarantee that a particular pose or technical standard will be achieved.

The Client's selection of images from the proof gallery constitutes acceptance of the composition, pose, expression and content of those selected photographs.

Dissatisfaction relating to personal appearance, dance technique, expression, styling choices or pose selection does not constitute grounds for:

a refund;
a complimentary reshoot;
replacement images;
cancellation of this Contract; or
refusal of payment.

Everline Imagery retains full artistic discretion regarding composition, posing, lighting, editing, image selection and final delivery.

8. Copyright & Usage

All copyright remains the property of Everline Imagery.

The Client receives a non-exclusive licence for personal use of the purchased images.

Images may not be altered, heavily edited, sold, licensed, entered into competitions or used commercially without the Photographer's prior written consent.

Commercial usage licences are available upon request.

Unless the Client advises otherwise in writing before the session, Everline Imagery may use photographs for its portfolio, website, social media, educational and promotional purposes.

9. Liability

Everline Imagery is not liable for injury, damage or loss sustained during the session.

In the event of equipment failure, digital file corruption, illness or other unforeseen circumstances preventing completion or delivery of the contracted services, Everline Imagery's liability is limited to either:

rescheduling the session where reasonably possible; or
refunding monies paid.

No further liability shall apply.

10. Model Release

Unless the Client requests otherwise in writing prior to the session, the Client grants Everline Imagery permission to use photographs for marketing, advertising, portfolio, educational and promotional purposes.

11. Governing Law

This Contract is governed by the laws of the State of New South Wales, Australia.

Any disputes arising from this Contract shall be subject to the jurisdiction of the courts of New South Wales.

12. Entire Agreement

This Contract constitutes the entire agreement between Everline Imagery and the Client and supersedes all prior discussions, negotiations and agreements relating to the photography services provided.

Any amendment to this Contract must be agreed to in writing by both parties.

Acknowledgement

By ticking the acceptance box and paying the required Booking Fee (Deposit), I acknowledge that:

I have read this Photography Client Contract in full.
I understand and accept the Terms and Conditions.
I have had the opportunity to seek clarification before booking.
I agree to be legally bound by this Contract.

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About

Everline Imagery is located on Awabakal land. We acknowledge, thank and pay respect to the Traditional Custodians and Elders past, present and future of the lands on which we work and live.