Terms & Conditions
THIS AGREEMENT IS MADE BETWEEN THE SUPPLIER (Feather & Birch PTY LTD) AND THE CLIENT.
These standard Terms & Conditions apply to all orders and bookings made through Feather & Birch. This company accepts no liability for the content of this website, or for the consequences of any actions taken on the basis of information provided, unless that information is subsequently confirmed in writing.
QUALITY OF WORK GUARANTEE
The overall quality of work is guaranteed to match the portfolio displayed on this website, use these as a gauge for quality and artistic style before booking your shoot. Photos provided are at the highest quality file size delivered from the camera. If the photographer agrees that the work provided to you is at a consistently lower standard than the work presented on this website, where there were no negative external forces involved (including but not limited to poor weather, location choice, uncooperative subjects etc) they will use their discretion as to whether a refund (partial or in full) will be supplied. In the event the Supplier fails to perform, the Supplier‘s liability is limited solely to the return of all payments received from the Client under this Agreement. If an alternate style of editing is requested the client may be required to pay a re-edit fee. All photos will be edited in accordance with the style presented on this website as standard.
DELIVERY OF PHOTOS & PRODUCTS
Please allow 4-8 weeks processing time for all photos, plus 2-3 weeks print time for photo books & print products. If your photos/products are being posted, Feather & Birch is not responsible for any postage times or delays. If the Client requires expedited delivery, they will be responsible for any additional express postage fees. During particularly busy periods and/or holidays delivery time may be delayed.
In rare circumstances including but not limited to illness, unusually busy periods, family emergency, natural disaster etc the delivery time of your photos may be extended up to 8 weeks.
USE OF IMAGES
The photographer retains the copyright to all photos and images produced. The client will receive a copy of the digital JPEG files on a USB, optimised for printing and web use. Upon delivery the client may reproduce any images in any manner they like for sharing and the enjoyment of friends and relatives. The client must obtain written permission from the photographer prior to the client or their friends and relatives publishing or selling the photographs for profit.
Feather & Birch retains a licence to use the photos for promotional purposes, both online & in print. If you would prefer not to have your images shared publicly you must let the Supplier know which photos specifically in writing.
The Supplier will always work to produce the best images according to their capabilities and surrounds. The Supplier and any of their agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to traffic, accident, human error, loss of materials, acts of god, equipment, location, weather, uncooperative partners or family members or other failures. The Supplier is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, weather and the like. The client understands the unpredictable and non-posed nature of photojournalism & natural photography styles (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Supplier fails to perform for any other reason, the Supplier‘s liability is limited solely to the return of all payments received from the Client under this Agreement.
Please note, that the photographer is not responsible for any uncooperative family members, guests or friends etc. Whilst all reasonable effort is made to capture friendly & happy photographs, the photographer is not responsible for "forcing" subjects to smile, enjoy or pose for shots where they are unhappy to do so.
PERMISSION TO PHOTOGRAPH
It is the sole responsibility of the Client to secure permission of the venue of the wedding or portrait shoot for the Supplier to photograph the ceremony/event. The supplier will abide by the rules of the venue in regards to camera placement and use of flash at the ceremony/celebration. Many cities, State Agencies and private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee. If the client fails to pay for any such permit fee, the client is responsible for any and all related costs or fines applicable.
In the unfortunate event that the photographer is unable to perform his duties on the scheduled date, a qualified associate photographer will shoot the wedding. Associate photographers are carefully selected, with both technical and creative skills. Your photographs will still be protected by the Suppliers quality of work guarantee. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received from the Client. Couples have the option of receiving a full refund in place of a replacement photographer if they so choose. But must give notice of their intent to cancel the shoot within 10 business days of notification of the Suppliers inability to attend the shoot. If in the unlikely event that a suitable replacement cannot be found, all payments will be returned to you in full.
The retainer deposit ($1000) is non-refundable, guarantees the availability of the photographer on the date and time specified and covers damages for lost wages for the remaining balance should the wedding be postponed or cancelled. Event cancellation notification is due no later than 30 days prior to the scheduled event and the balance is due no later than two weeks before the event date. No photography will take place and no rights are granted until timely payment is made in full.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be effected, and the other provisions of the agreement shall remain in full force and effect. This agreement contains the entire understanding between the Supplier and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties.