Terms of Service
This comprises an agreement between yourselves (The CLIENT) and Olivia Calder upon payment of your non-refundable booking deposit and acceptance by us. Your acceptance of these terms and conditions occurs upon signing your contractual agreement or booking of session. Please retain a copy for your records. These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion.
You acknowledge that you have retained us as the sole and exclusive professional photographer for your photography session and that we retain the right to discontinue services, without refund or compensation, should other vendor’s or guests actions or activities interfere or impede our ability to perform such services.
By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age (and give permission as the parent/legal guardian of children participating in photography session), or the legal age to form a binding contract within your legal jurisdiction.
BOOKINGS
All bookings require a $250 or 50% non-refundable deposit (whichever is greater unless explicitly specified). Please note you cannot secure your Photography session unless this deposit is paid. Payment for your booking must be paid in full 14 days prior to your session.
All last minute bookings (bookings less than 14 days prior to photo shoot) must be paid in full.
CANCELLATIONS
If the CLIENT shall cancel this Agreement more than seven (7) calendar days before the photo shooting day, any payments made, less the Non-refundable deposit, shall be refunded in full only if OLIVIA CALDER is able to re-book the same date.
If OLIVIA CALDER cannot secure another CLIENT for the date, or if the cancellation occurs less than seven (7) calendar days before the session date, the CLIENT forfeits any monies paid.
COPYRIGHT
All photographic materials shall be the exclusive property of Olivia Calder (the Photographer). The Photographer shall own the copyright in all images created and may use the work for samples, exhibitions, advertising and self-promotion. Copyright in the photographs is retained by the client for private, domestic and person use only.
Any sale or commercial use MUST have written approval by Olivia Calder and credit MUST be clearly given, including printing for publications (e.g newspaper, magazine articles etc.).
OLIVIA CALDER asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without prior consent of OLIVIA CALDER.
SOCIAL MEDIA
This clause applies to all social media, including Facebook, Instagram and blogs. When published online it is a requirement that citation of Photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet - specifically but not limited to adding filters (instagram), or attempting to change the colour values of the images in any way.
The client agrees to be responsible for any family member or friend who posts our photographs and agrees that they cannot be cropped (with the exception of the forced cropping), altered in colour, or edited in any way.
FAILURE TO PERFORM
If the Photographer, OLIVIA CALDER, is unable to perform this Agreement due to circumstances beyond reasonable control, including but not limited to fire, flood, tempest, earthquake, riot, civil disturbance, natural disasters, national emergencies, pandemics, government interference, theft, crime, strike, lockout, equipment failure, breakdown, war, the inability of OLIVIA CALDER’S usual suppliers or service providers to supply essential goods or services, personal circumstances of the Client out of the Photographer’s control that significantly impacts the Photographer's ability to cooperate or fulfil the Agreement, the Photographer shall not be held liable for any failure to deliver the agreed services.
In such circumstances, OLIVIA CALDER will not be under any obligation to refund the Deposit or Invoice. Any rescheduling or alternative solutions will be discussed in good faith, subject to availability and feasibility.
DISPUTE RESOLUTION
Confidentiality and Reputation Protection
Should a dispute or disagreement arise, both parties commit to handling the matter privately and respectfully to preserve the professional reputations of both the Photographer, OLIVIA CALDER, and the Client. Neither party shall disclose any details, communications, or discussions related to the dispute publicly, including but not limited to social media, online forums, review platforms, or personal websites.
Any public comments or statements that are defamatory, damaging, or negatively impact the reputation of the other party will constitute a breach of this Agreement. Such actions may result in claims for damages as part of any mediation or legal proceedings.
Resolution of Disputes
If an issue cannot be resolved through mutual discussion, both parties agree to engage a neutral, independent arbitrator or professional dispute resolution specialist to reach a fair and binding decision. Each party will cover their own costs for this process.
STORAGE
OLIVIA CALDER will keep all Client images for 12 months after the photography session and is not liable for any claims after this period. All Client images will be deleted and backups will be purged after this period.
IMAGE STYLE
The Client accepts and acknowledges that they are familiar with our style and that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require. Black and white images will be delivered at photographer’s discretion. It is understood that the Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the photographer in writing.
COMMUNICATION
All communication between the Client and OLIVIA CALDER must be in writing via email. This is included for (but not limited to): Changes to date and location, changes to packages, additional extras etc. All correspondence received via, social media, text message or phone conversation will not be accepted as final.
PACKAGES
Your order of any package of photography services here-under includes the purchase of the final edited photographic images in connection with the photography services provided to you for your selected photo shoot session in the form of High and Low Resolution JPEG files which may take around 1 month after the session date. RAW/DNG files and any unprepared/unedited video footage are never released under any circumstances. You will receive the minimum number of images based on your package.
The images will be edited in a range of colour and black & white. This selection will reflect the best of artistic and technical merit as well as telling the story of your session.
All packages come with a standard minimum of 40 edited images delivered via a private online gallery, EXCLUDING mini sessions (of which the image number is specified with booking date/time details). An additional fee is available to receive your entire gallery - subject to pricing fees at time of booking. All printed images and printed products will incur an additional fee, as per the pricing schedule.
By confirming your session with olivia calder,
you agree to, and are bound by these terms of service.
Contact us
If you have any questions regarding the information in our Terms of Service, please contact us at hello@oliviacalder.com